Aipedia: Ecologists and environmental consultants

AI in ecology evidence at appeals and inquiries

Aipedia, by the Apex broking team · Last reviewed 2026-10-30

Ecologists who give written or oral evidence at planning appeals and inquiries must declare their own intentional AI use to the Planning Inspectorate. Improper use can lead to a costs award, and an invented reference can destroy an expert’s credibility.

Part of: AI in Ecologists and environmental consultants

In short

Ecologists prepare statements of case, proofs of evidence and rebuttals for planning appeals, inquiries and NSIP examinations. The Planning Inspectorate’s AI casework guidance, first published in September 2024 and updated in September 2026, requires intentional AI use to draft, summarise or analyse material, or to create or alter images, to be declared with the checks made. Each expert declares for their own documents. Improper use may lead to a costs award. After the Divisional Court’s June 2025 warning on fictitious citations, an AI-invented reference in a proof is a serious professional and credibility risk.

How ecologists use AI in evidence

Ecology is often a main issue at appeal or inquiry: protected species, designated sites, net gain or the adequacy of survey effort. Ecologists use AI assistants to summarise survey reports and consultation responses, draft proofs and rebuttals, search for published guidance and research, and prepare figures.

Expert evidence is personal. An ecology witness speaks to their own professional opinion and can be cross-examined on how it was formed. Any part of the evidence that the witness cannot explain or stand behind is a weakness.

The Planning Inspectorate rules

The Planning Inspectorate guidance on AI in casework evidence sets out these requirements:

intentional AI use to draft, summarise or analyse material, or to generate or alter images, must be declared;
the declaration should explain the checks made and confirm that you take responsibility for accuracy;
each expert declares for their own documents, so an ecologist cannot rely on the planning consultant’s declaration;
improper AI use may lead to a costs award.

The guidance was first published on 6 September 2024 and updated on 23 September 2026 on how to declare. Under the CIEEM Code, clause 4 requires objectivity, accuracy and impartiality and clause 10 requires you to accept responsibility for your professional actions. Our guide to CIEEM, ISEP and PINS on AI covers the framework.

Fictitious references

Generative AI can invent references that look real: a paper, a guidance document, a section number or an appeal decision. In R (Ayinde) v Haringey LBC; Al-Haroun v Qatar National Bank [2025] EWHC 1383 (Admin), decided on 6 June 2025, the Divisional Court issued a warning about fictitious citations placed before the court. The case concerned court proceedings, not planning, but the lesson for expert witnesses at inquiries is direct: every reference in your evidence must be one you have read.

What can go wrong

Illustrative scenario. An ecologist uses an AI assistant to draft a rebuttal proof at short notice. The draft cites a survey guidance paragraph that does not exist and summarises a consultation response inaccurately. No AI declaration is made. Under cross-examination the ecologist cannot produce the cited paragraph. The inspector gives the ecology evidence little weight, the appeal is dismissed, and the opposing party applies for costs, citing improper AI use. The client blames the ecologist for the outcome and the costs.

Planning consultants preparing the wider case face parallel risks, described in AI in appeal statements and proofs of evidence. Evidence often draws on the EIA ecology chapter, so earlier AI errors can resurface.

How PI usually responds

A client’s claim that negligent evidence led to a lost appeal or a costs award is usually a professional negligence claim, and PI commonly responds subject to the policy terms. Causation is often disputed, because appeals turn on many issues. Some policies treat expert witness work as a separate activity, so make sure it is declared. Apex’s guide to expert witness insurance explains the options.

Practical controls

Before submitting evidence, run through these checks:

read every source you cite and check every quotation against the original;
make your own Planning Inspectorate declaration covering AI drafting, summarising, analysis and images;
describe the checks you made in the declaration;
make sure you can explain and defend every sentence under cross-examination;
keep the drafts, prompts and verification notes on file.

How Apex helps

Apex arranges PI for ecologists who act as expert witnesses at appeals and inquiries. A broker reviews whether your policy covers expert witness work and how it treats AI-assisted evidence. See the AI in ecology consultancy overview and does ecologists’ PI cover AI errors.

Sources

Frequently asked

Do I need to declare AI use in an ecology proof of evidence?

Yes, if you intentionally used AI to draft, summarise or analyse material or to generate or alter images. The Planning Inspectorate guidance requires the declaration to explain the checks made and confirm responsibility for accuracy, and each expert declares for their own documents.

Can the Planning Inspectorate award costs for AI misuse?

The guidance says improper use of AI may lead to a costs award. Costs follow the usual rules on unreasonable behaviour, so the risk is highest where AI use was undeclared or produced inaccurate or fictitious material.

Can I use AI to prepare figures or photographs for an inquiry?

The Planning Inspectorate guidance covers using AI to generate or alter images, so AI-edited figures, plans or photographs should be declared with the checks made. Keep the originals so you can show what changed if asked at the inquiry.

Does PI cover expert witness work?

Many ecology PI policies can cover it, but it should be declared as an activity. Claims for a lost appeal or costs usually turn on whether your evidence was negligent and whether it caused the loss, subject to the policy terms.

Check your PI covers how you use AI

Tell us about your firm and the work you do. A broker will review how your current PI treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.